Md Salauddin @ Salahuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61861 of 2021 Arising Out of PS. Case No.-85 Year-2021 Thana- PALASI District- Araria ====================================================== 1.

MD SALAUDDIN @ SALAHUDDIN Son of Late Baukai Resident of Village- Barhat, P.S.- Palasi, District- Araria. 2.

Md. Tarik Son of Late Polva Resident of Village- Barhat, P.S.- Palasi, District- Araria.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mrigendra Kumar For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-06-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Palasi P.S. Case no. 85 of 2021 instituted for the offence punishable under Sections 341, 323, 307, 354, 379, 504/34 of the Indian Penal Code. As per allegation in the FIR, several accused persons including the petitioner were objected by the informant for cutting the bamboo clumps then they started to abuse and assault. Coaccused Md. Rahid inflicted dabiya blow on her head and rest of the accused persons assaulted her by dragging her hair locks. When her daughter-in-law came then for her rescue then petitioner no. 1 assaulted her with knife. It is further alleged that they have looted RS. 50,000/- and jewelry.

Learned counsel appearing on behalf of the petitioners has

Patna High Court CR. MISC. No.61861 of 2021(2) dt.21-06-2022 2/2 submitted that petitioners are innocent and have committed no offence. Both parties are on inimical terms. General and omnibus allegations have been levelled against the petitioners. There is no allegation of repetition blow by the petitioners. Doctor has opined that injury of the persons are simple in nature caused by hard and blunt substance.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Palasi P.S. Case no. 85 of 2021, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM1st, Araria subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U